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Real vs Personal Property

Written by Jason Gordon

Updated at June 28th, 2021

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Next Article: Fixtures and Real Property Back to: PROPERTY LAW

Real and Personal Property

Property is further broken down into personal property and real property. Real property is land and anything permanently attached to it. Personal property is anything other than real property. 

Discussion Question

 Can you think of any reason why the law would differentiate real from personal property? What characteristics make real property unique from personal property?

Academic Research

  • Robinson, Glen O., Personal Property Servitudes (December 2003). Univ. of Virginia Law & Econ Research Paper No. 03-9. Available at SSRN: https://ssrn.com/abstract=477541 or http://dx.doi.org/10.2139/ssrn.477541
  • Dooling, Bridget C.E., Take it Past the Limit: Regulatory Takings of Personal Property. Federal Circuit Bar Journal, Vol. 16, p. 445, 2007. Available at SSRN: https://ssrn.com/abstract=999978
  • Prebble QC, John, The Taxation of Property Transactions Part 1, Personal Property and Profit-Making Schemes (1985). John Prebble "The Taxation of Personal Property Transactions" (LexisNexis, Wellington, 1985); Victoria University of Wellington Legal Research Paper No. 68/2013. Available at SSRN: https://ssrn.com/abstract=1576951



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